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National Assembly decides to amend Pay Structure Reform Act 2022 next session

November 21, 2024
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The National Assembly has decided to amend the Pay Structure Reform Act 2022 in the next session. This is considering the deteriorating working ambience and the consequent attrition of civil servants. The Economic and Finance Committee also identified inconsistencies in implementing parliamentary entitlements and highlighted the urgent need to align policies with the laws’ intent.

The discussion on reinstating vehicle quota, communication allowance, leave encashment and overtime fees is expected to come back.

With the clean wage system, some of these benefits were removed last year upon review and recommendation by the Fifth Pay Commission. Most of the members said bringing back the remuneration could reduce the number of people leaving the civil service.

 “We have a big problem of experienced civil servants leaving their jobs. The 13th FYP of the country is very ambitious and if the experienced civil servants who make the 13th FYP a success leave, our target might not be fulfilled,” said Kuenga, MP, Nyishog­-Saephu, Wangdue Phodrang.

“We all know experienced civil servants are leaving. They are very important people. They are the driver of developments in the country. To motivate them and for them to not leave, they deserve it,” said Namgay Dorji, MP, Khamdang-Ramjar, Trashi Yangtse.

The Finance Minister stated that amending the Pay Structure Reform Act 2022 would be unlawful. He emphasized that such recommendations should only be made by a pay commission.

He said according to the Constitution the Pay Commission shall recommend revisions of salaries and benefits. The Finance Minister voted no to the decision.

Article 30, Section 2 of the Constitution states, “The Pay Commission shall recommend to the Government revisions in the structure of the salary, allowances, benefits, and other emoluments of the Royal Civil Service, the Judiciary, the members of Parliament and Local Governments, the holders and the members of constitutional offices and all other public servants with due regard to the economy of the Kingdom and other provisions of this Constitution.”

Finance Minister Lekey Dorji, “The state’s legal advisor is the Office of Attorney General. They have clearly said that what we are doing is unlawful. However, because our pay structure reform act has some inconveniences, I think we shouldn’t decide it right away.”

But the committee’s chairperson said otherwise. The Deputy Speaker added that while the government can act lawfully on amendments, determining unconstitutionality is the Supreme Court’s prerogative.

Samten Dolkar

Edited by Tandin Phuntsho

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